CLA-2-85:OT:RR:NC:N4:109
Ms. Alyce Thompson
Corporate Customs Manager ZF North America
15811 Centennial Drive
Northville, MI 48170
RE: The tariff classification of wireless switches, a wireless switch receiver module, and a generator from an unspecified country.
Dear Ms. Thompson: In your letter received by this office on December 30, 2015, you requested a tariff classification ruling. It is noted that you have withdrawn your confidentiality request for this ruling. The merchandise under consideration consists of wireless switches identified as “Wireless Switch,” ZF part numbers AFIM-1001 and AFIM-5002; “Wireless Momentary Rocker Switch,” ZF part numbers AFIS-1003 and AFIS-5003; and “Wireless Snap Switch,” ZF part numbers AFIS-1002 and AFIS-5003. Also included in your request is a “Wireless Switch Receiver Module,” ZF part numbers AFZE-1003, AFZE-5003, AFZE-1005, AFZE-5004, and a “Generator,” ZF part number AFIG-0007.
You state in your letter that the Switch, Rocker Switch, and Snap Switch consist of a generator, a printed circuit board, an actuator, and an antenna, and that all three function in an identical manner. When the actuator on the generator is pressed and released, the generator transmits electricity to the printed circuit board which in turn causes the circuits on the printed circuit board to wirelessly transmit a unique digital identification number through the antenna. Consequently, you suggest that these wireless switches be classified under subheading 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” We disagree with this suggested classification. The General Rules of Interpretation (GRI) 1 of the HTSUS, state in pertinent part that; “…classification shall be determined according to the terms of the headings and any relative section or chapter notes.” Since the wireless switches only transmit data, they will be classified elsewhere in heading 8517.
In reference to the Wireless Switch Receiver Module, it consists of a printed circuit board, an antenna, and various other electrical components. It is designed to receive the unique digital identification number from the wireless switches referenced above, convert it to a corresponding electrical output signal, and transmit that signal through wired electrical transmission. You suggest that this Wireless Switch Receiver Module be classified under subheading 8537.10.9060, HTSUS, which provides for in pertinent part; “…Programmable controllers.” We disagree with this suggested classification and cite GRI 1 as the reference for it being more specifically provided for elsewhere in the tariff.
The Generator is comprised of a magnet, an actuator, a copper coil, and electrical contacts within a plastic housing. The operation of the Generator is said to consist of pressing and releasing the actuator, causing the magnet to cross the coil back and forth one time, which you refer to as a cycle. You state the Generator produces 0.33 mW per cycle, which supplies power to the wireless switches, and suggest the classification of the Generator is 8501.31.8000, HTSUS. We agree with your classification.
The applicable subheading for the “Generator,” ZF part number AFIG-0007 will be 8501.31.8000, HTSUS, which provides for: “Electric motors and generators: Other DC motors; DC generators: Of an output not exceeding 750W: Generators.” The general rate of duty will be 2.5% ad valorem.
The applicable subheading for the “Wireless Switch Receiver Module,” ZF part numbers AFZE-1003, AFZE-5003, AFZE-1005, and AFZE-5004 will be 8517.62.0050, HTSUS, which provides for: “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The rate of duty will be Free.
The applicable subheading for the “Wireless Switch,” ZF part numbers AFIM-1001 and AFIM-5002; the “Wireless Momentary Rocker Switch,” ZF part numbers AFIS-1003 and AFIS-5003; and the “Wireless Snap Switch,” ZF part numbers AFIS-1002 and AFIS-5003 will be 8517.69.0000, HTSUS, which provides for: “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other.” The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Steven Pollichino at: [email protected]. Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division